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From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.
Over a career spanning nearly four decades, Rick Unklesbay has tried over one hundred murder cases before juries that ended with sixteen men and women receiving the death sentence. Arbitrary Death depicts some of the most horrific murders in Tucson, Arizona, the author's prosecution of those cases, and how the death penalty was applied. It provides the framework to answer the questions: Why is America the only Western country to still use the death penalty? Can a human-run system treat those cases fairly and avoid unconstitutional arbitrariness? It is an insider's view from someone who has spent decades prosecuting murder cases and who now argues that the death penalty doesn't work and our system is fundamentally flawed. With a rational, balanced approach, Unklesbay depicts cases that represent how different parts of the criminal justice system are responsible for the arbitrary nature of the death penalty and work against the fair application of the law. The prosecution, trial courts, juries, and appellate courts all play a part in what ultimately is a roll of the dice as to whether a defendant lives or dies. Arbitrary Death is for anyone who wonders why and when its government seeks to legally take the life of one of its citizens. It will have you questioning whether you can support a system that applies death as an arbitrary punishment -- and often decades after the sentence was given.
NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.
Death Penalty Cases presents significant verbatim excerpts of death-penalty decisions from the United States Supreme Court. The first chapter introduces the topics discussed throughout the book. It also includes a detailed history of the death penalty in the United States. After this introduction, the remaining eighteen chapters are divided into five parts: Foundational Cases, Death-Eligible Crimes and Persons, The Death Penalty Trial, Post-Conviction Review, and Execution Issues. The first part, consisting of five chapters, talks about the mandatory death penalty, mitigating evidence and racial bias. The next part covers death-eligible crimes, such as rape and other crimes that do not involve homicide and murder. The middle part presents the trial process, from choosing the appropriate decision-makers through the sentencing decision. Followed by this is a chapter focusing on the aftermath of conviction, such as claims of innocence. The book concludes by exploring issues related to execution, such as not executing insane convicts. Finally, execution methods are presented. - Provides the most recent case material--no need to supplement - Topical organization of cases provides a more logical organization for structuring a course - Co-authors with different perspectives on the death penalty assures complete impartiality of the material - Provides the necessary historical background, a clear explanation of the current capital case process, and an impartial description of the controversies surrounding the death penalty - Provides the latest statistics relevant to discussions on the death penalty - Clearly explains the different ways in which the states process death penalty cases, with excerpts of the most relevant statutes
Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.
This book contains a selection of papers that were presented during the multidisciplinary conference "Beyond the Death Penalty: Reflections on Punishment," organized by the Maastricht Center for Human Rights. The event marked the 150th anniversary of the de facto abolition of the death penalty in the Netherlands. The aim of the conference was to reflect on punishment from a variety of angles and to give some food for thought to the contemporary debate on crime and punishment. As the title suggests, the scope of this volume moves beyond the death penalty. After a first cluster of chapters with a strong focus on capital punishment, an intriguing mixture of topics in relation to punishment is presented, including chapters on the populist context of contemporary crime control, reconciliation and rehabilitation, prison life, and efficiency and effectiveness. The book will match the interest of many academics, including legal scholars, criminologists, penologists, legal philosophers, sociologists, psychologists, and historians. (Series: Maastricht Series in Human Rights)
"The first comprehensive history of lynchings and state-sanctioned executions in Minnesota. Minnesota is one of only twelve states that does not allow the death penalty, but that was not always the case. In fact, until 1911 executions in the state were legal and frequently carried out. In Legacy of Violence, John D. Bessler takes us on a compelling journey through the history of lynchings and state-sanctioned executions that dramatically shaped Minnesota's past." "Through personal accounts of those involved with the events, Bessler traces the history of both famous and lesser-known executions and lynchings in Minnesota, the state's anti-death penalty and anti-lynching movements, and the role of the media in the death penalty debate. Bessler reveals Abraham Lincoln' thoughts as he ordered the largest mass execution in U. S. history of thirty-eight Indians in Mankato after the Dakota Conflict of 1862. He recounts the events surrounding the death of Ann Bilansky, the only woman ever executed in Minnesota, and the infamous botched hanging of William Williams, which led to renewed calls for the abolition of capital punishment. He tells the story of the 1920 lynching in Duluth of three African-Americans circus workers - wrongfully accused of rape - and the anti-lynching crusade that followed. The significant role that Minnesota played in America's transformation to private, after-dark executions is presented in the discussion of the "midnight assassination law."" "Bessler's account is made more timely by thirty-five hundred people on death row in America today - more than at any other time in our nation's history. Is Minnesota's current approach superior to that of states that have capital punishment? Bessler looks at Minnesota history to ask whether the application of the death penalty can truly solve the problem of violence in America."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
This study furnishes data on executions performed in the United States under civil authority. It includes a description of each individual executed and the circumstances surrounding the crime for which the person was convicted. Variables include age, race, name, sex, and occupation of the offender, place, jurisdiction, date and method of execution and the crime for which the offender was executed.